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Author Topic: How would you patent this?  (Read 757 times)

fuz

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How would you patent this?
« on: 09-10-10 at 09:31 pm »

Hi,
Have found something recently and have just contacted an IP firm, but would like to hear some public opinions (or at least a good reference to where I can find my information).

Let's say hypothetically I have developed something generic that is simple but works backwards, ie a surface that things slide up, a tube that blows liquid out when you suck on it...etc...the gist being that the normal way is an old concept that is used in a myriad of devices (but the backwards way having always required relatively complex systems to mimic it). Probably quite a few uses that haven't been conceived of yet since the invention wasn't practical before.

What would be the best way to patent something like this?
Thanks
fuz
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heyitsjohn2002

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Re: How would you patent this?
« Reply #1 on: 09-11-10 at 06:18 am »

I would patent it by filing a patent application that complies with 35 USC 102, 103, and 112, and pay the applicable fee(s).
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JimIvey

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Re: How would you patent this?
« Reply #2 on: 09-11-10 at 09:58 am »

That's just an impossible question to answer quickly here.  Since your hypotheticals appear to violate the laws of physics, I'd have to know more about the invention and how it works before I can talk strategy.

Just note that there are no simple templates for drafting patent applications.  Each invention is unique (by definition), so each application is also unique. 

Regards.
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James D. Ivey
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patentsusa

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Re: How would you patent this?
« Reply #3 on: 10-05-10 at 12:39 pm »

If you are asking what type of intellectual property to use (design patent, utility patent, copyright, trademark, trade secret), a utility patent would probably be most appropriate (if the product works and is novel), and a design patent in addition might be appropriate, depending on the appearance of the product.  Trade secret could possibly be appropriate instead of patents if it would be difficult to reverse engineer the product, though I would guess that trade secret is not appropriate here based on the small amount of information you have provided.  You could also file one or more trademark registration applications for the name of the product.  Trust your patent attorney.  If you don't feel confident, get a second opinion.
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orangequant

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Re: How would you patent this?
« Reply #4 on: 10-08-10 at 01:54 am »

...Probably quite a few uses that haven't been conceived of yet since the invention wasn't practical before...
so are you saying that the invention has been enabled by new (and probably patented) technology? and you're claiming a new and unobvious use for this technology?
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i'm NOT an expert. do not rely on my comments in the absence of expert patenting advice.
 



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